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In re Bailey

A writ of prohibition under Texas Probate Code �149A will not issue absent a real threat of interference with the jurisdiction of this court. Relator did not allege that respondent threatened to enforce the order if she failed to file the accounting, and the court had no reason to believe that he would do so. Because relator has not shown the requisite threat of interference with our jurisdiction, she has not shown that she is entitled to the requested relief. Tyler Court of Appeals, No. 12-09-00289-CV, 09-22-2009

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OPINION

In this original proceeding, Beth Carroll Bailey, Independent Executrix of the Estate of Kevin Ray Bailey, deceased (Relator), seeks a writ of prohibition preventing the trial court from compelling her to file an accounting with the court pursuant to Texas Probate Code section 149A.*fn1 Respondent signed an order August 14, 2009 compelling Relator to file the accounting on or before September 25, 2009. Along with her petition for writ of prohibition, Relator filed a motion requesting an emergency stay of the August 14, 2009 order. We deny the petition for writ of prohibition and dismiss the motion for emergency stay as moot.

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